How can I get removed from ChexSystems?

Answer 1

There is no for sure way to get removal from chexsystems. Chexsystems is a CRA.

Here is the way the process works:

CHEXSYSTEMS

Step1. INITIAL DISPUTE LETTER

Chexsystems has 30 days from the date they sign for the letter to respond.

NOTE: If you got your report by requesting a free annual report, then the law extends the dispute notification period to 45 days. After getting your letter they must:

1) Confirm that they contacted someone to verify the information. -The disputed information then stays in your report.

2) Confirm that they could not verify the information. -The information is deleted from your report. -You receive an updated report (minus the disputed info).

Step2. NO RESPONSE TO DISPUTE LETTER -You Send a Demand for Removal letter because they did not respond. -No response means they did not confirm. Therefore, the information must be removed.

**3. DISPUTED INFORMATION NOT DELETED -You send a Procedural Request letter. If they say they confirmed the information, the law gives you the right to then verify how they confirmed. They must send the Address, and Telephone Number of the

individual or business they contacted within 15 days, so that you can confirm it.

**4. LEGAL ACTION

-Before pursuing legal action, you have to build a "case". You should be able to prove there was an error, you notified them, - but they did not correct it. You want to also show their failure to remedy the situation has harmed you financially (unable to open an account, etc.).

-If you applied for an account and were declined based on the information, that provides additional documentation. Fines, etc. are outlined in the Fair Credit Reporting Act. Most state law conforms to the FCRA, but there may be a state law where you live that outlines specific remedies.

State Laws: http://www.privacyrights.org/fs/fs27plus.htm

FCRA: http://www.ftc.gov/os/statutes/fcra.htm

THE REPORTING BANK

1. Has the bank made a reporting error? The law requires banks to report information that is 100% accurate. -If so, you send a Demand for Removal letter to a bank manager or executive, notifying them of their FCRA violation. -Examples: Incorrect name, SSN, address, dollar amounts, date of last activity, date account first became negative.

**NOTE: Chexsystems allows the vague "NSF" and "ABUSE" flags because they are harder to dispute and remove. There are no clear standards for what is considered NSF or ABUSE. They can mean anything a bank wants them to.

What proof do they have to flag an account NSF or ABUSE?

2. Do the facts support filing a complaint with the agency in your state that regulates and handles banking? You can get the agency information by calling the clerk in your state attorney general's office. Will the complaint hold, or is there any statement in the account agreement you signed when you opened the account that will protect the bank?

As far as getting removed....I would suggest you read the info below

and see if it can be a help to you.

This is the information needed before recommending a Chexsystems dispute:

1) What does your Chexsystems report say . . . does it indicate a specific dollar amount is owed, or does it list NSF Activity, Account Abuse, etc. ** The objective is to catch them reporting incorrect information or an inaccurate amount. If the report says NSF Activity or Abuse, was there a negative balance on the account? Has it been paid?

2) When was the entry added to your Chexsystems report? If the account became negative - when was the first month it was negative? What month was it closed and when did the bank report it to Chexsystems? **This helps determine when the five year clock should start ticking - and when the account should have been reported by the bank.

Again, you are looking for any type of inaccuracy you can hold them accountable for. The FCRA specifies that only accurate information can be reported, and it provides a time requirement for reporting negative information. Banks cannot wait and report negative accounts when they want to.

3) Did you receive a collection notice from Chexsystems? **THIS IS VERY IMPORTANT! If you receive a collection notice, then it is different. Chexsystems then must adhere to the Fair Debt Collection Practices Act. The FDCPA says they MUST validate -- provide a full account history of all statements, signature forms, etc.

4) Were you the primary account holder? **If not, did you ever sign a signature form or use the account? Yes Chexsystems is subject to the same rules/regulations as set forth by the FCRA. You should first "dispute" the item with Chexsystems and if it comes back "verified" within the 30 day time frame, you should request "validation" of the debt. BE SPECIFIC if you request validation.

Ask for original copies of your signature, etc. If you don't , they will send you some bogus documents and call it validated and then call it a day. Most people on here have dug their own grave with the reporting bank, and are hoping the bank does not verify the chexsystems item within the allotted time frame. This can and does happen. Especially if you are dealing with a BIG bank (BofA, Wells Fargo).

There are several methods you can use for deletion. Some go for the method that essentially catches Chexsystems in a FCRA violation. Often times they use the "violation" as leverage for deletion.

Another avenue to go if you can't get your item removed. Being listed in Chexsystems SEVERELY (if not completely) restricts your banking abilities. They can be held liable for multiple FCRA violations if the information they have on you is not correct..the information must be 100% correct.

To dispute write to:

Mail: Chex Systems, Inc.

7805 Hudson Road, Suite 100

Woodbury, MN 55125 Phone: By phone at 800-428-9623 or fax at 602-659-2197 If the reinvestigation does not resolve your dispute, you are entitled to request a brief statement be added to your consumer file outlining the nature of your dispute.